Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844)
The paper aims to examine the differences and similarities between the Dutch Civil Code of 1838 and the Serbian Civil Code of 1844. Although the historical circumstances of the two countries, their legal culture and their legal systems at the time of codification were significantly different, the au...
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| Format: | Article |
| Language: | English |
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University of Belgrade, Faculty of Law, Belgrade, Serbia
2018-01-01
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| Series: | Anali Pravnog Fakulteta u Beogradu |
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| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804013A.pdf |
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| _version_ | 1850252159712493568 |
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| author | Avramović Sima |
| author_facet | Avramović Sima |
| author_sort | Avramović Sima |
| collection | DOAJ |
| description | The paper aims to examine the differences and similarities between the Dutch Civil Code of 1838 and the Serbian Civil Code of 1844. Although the historical circumstances of the two countries, their legal culture and their legal systems at the time of codification were significantly different, the author points to some similarities between their private law codes. Based on that comparison he distinguishes a more general problem of early modern codifications in the 19th century, namely the issue of legal transfer's logic, causes and outcomes. Both in the cases of the Dutch and the Serbian codifications the predominant stereotype in literature are that they were more or less copies of the model codes (the French Code Civil of 1804 and the Austrian Civil Code of 1811, respectively). The author points out that only recently some diverse intonations started to appear on this matter, related to the two codifications. He stresses that in both cases legal borrowings were in many aspects inventive, innovative and influenced by a variety of other sources. The author based his conclusion on a comparative analysis of different legal identities present in the Dutch and Serbian codes. On that ground he revises the concept of mixed legal systems and suggests that mixture of legal identities should be more flexible, less demanding and open-ended notion. |
| format | Article |
| id | doaj-art-795abef3bbd94226bc80a3b3ab37e2f6 |
| institution | OA Journals |
| issn | 0003-2565 2406-2693 |
| language | English |
| publishDate | 2018-01-01 |
| publisher | University of Belgrade, Faculty of Law, Belgrade, Serbia |
| record_format | Article |
| series | Anali Pravnog Fakulteta u Beogradu |
| spelling | doaj-art-795abef3bbd94226bc80a3b3ab37e2f62025-08-20T01:57:44ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932018-01-01664133710.5937/AnaliPFB1804013A0003-25651804013AMixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844)Avramović Sima0University of Belgrade, Faculty of Law, SerbiaThe paper aims to examine the differences and similarities between the Dutch Civil Code of 1838 and the Serbian Civil Code of 1844. Although the historical circumstances of the two countries, their legal culture and their legal systems at the time of codification were significantly different, the author points to some similarities between their private law codes. Based on that comparison he distinguishes a more general problem of early modern codifications in the 19th century, namely the issue of legal transfer's logic, causes and outcomes. Both in the cases of the Dutch and the Serbian codifications the predominant stereotype in literature are that they were more or less copies of the model codes (the French Code Civil of 1804 and the Austrian Civil Code of 1811, respectively). The author points out that only recently some diverse intonations started to appear on this matter, related to the two codifications. He stresses that in both cases legal borrowings were in many aspects inventive, innovative and influenced by a variety of other sources. The author based his conclusion on a comparative analysis of different legal identities present in the Dutch and Serbian codes. On that ground he revises the concept of mixed legal systems and suggests that mixture of legal identities should be more flexible, less demanding and open-ended notion.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804013A.pdfcomparative legal traditionslegal transplantslegal transfermixed legal systemsprivate law codifications |
| spellingShingle | Avramović Sima Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844) Anali Pravnog Fakulteta u Beogradu comparative legal traditions legal transplants legal transfer mixed legal systems private law codifications |
| title | Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844) |
| title_full | Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844) |
| title_fullStr | Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844) |
| title_full_unstemmed | Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844) |
| title_short | Mixture of legal identities: Case of the Dutch (1838) and the Serbian Civil Code (1844) |
| title_sort | mixture of legal identities case of the dutch 1838 and the serbian civil code 1844 |
| topic | comparative legal traditions legal transplants legal transfer mixed legal systems private law codifications |
| url | https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2018/0003-25651804013A.pdf |
| work_keys_str_mv | AT avramovicsima mixtureoflegalidentitiescaseofthedutch1838andtheserbiancivilcode1844 |